Querist :
Anonymous
(Querist) 13 June 2010
This query is : Resolved
are there any caselaw dealing with hw the limitation period (30 days in sending notice of intimation) is computed
N RAMESH.
(Expert) 13 June 2010
There are so many case laws.
Raj Kumar Makkad
(Expert) 13 June 2010
Almost each and every relevant citation covers your point and moreover it is included in the Act so no specific citation is required.
G. ARAVINTHAN
(Expert) 14 June 2010
It is a normal case
G. ARAVINTHAN
(Expert) 14 June 2010
It is a settled proposition of law
M/s. Y-not legal services
(Expert) 07 October 2010
Its a mandatory procedure in act. So no need any specific citations for that..
Advocate. Arunagiri
(Expert) 07 October 2010
Dear Anynomous, I am reproducing the S.138 of the NI Act. As per sub section "b" notice has to be sent witin 30 days. No citation is required. "(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 2[within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice."
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